LECTURE X.

The Dharma-śāstras or Law-books-Manu continued.

HE Code of the Manavas, which we have assigned in

THE

its present form to about the fifth century B.C. (see p. 215), and which for convenience we may call 'Manu's Law-book,' is a metrical version of the traditions (smṛiti) of the Manavas, probably before embodied in their Gṛihya and Sāmayāćārika Sūtras (p. 214), the metre being Anushtubh or that of the common Sloka' (p. 166). My aim in the present Lecture will be to analyze and arrange in a connected manner the contents of the Code, offering prose translations of selected passages and pointing out in a general way the characteristic features of (1) its sacred knowledge and religion, (2) its philosophy, (3) its Aćāra or 'social rules and caste organization,' (4) its Vyavahāra or 'criminal and civil laws and rules of government,' (5) its system of Prayaś-ćitta or 'penance,' (6) its system of Karma-phala or 'future recompenses of acts done in this life.' In the next Lecture I propose to give specimens of

1 The use of the common Epic Sloka throughout the whole work is one reason for regarding it as Post-vedic, but we must not forget that the Anushṭubh metre is found even in the Veda (see X. 85, X. 90, &c.)

2 I have used the Calcutta edition, which has the excellent commentary of Kullūka-bhaṭṭa. I have always consulted Sir W. Jones' translation, and I owe much to Dr. Johaentgen's tract Über das Gesetzbuch des Manu. When Kullūka lived is not known, but he describes himself in his modest preface (written in the Sardūla-vikrīḍita metre) as a Brāhman, the son of Bhatta-diväkara, of the Varendra tribe of Gauda (Gaur) or Bengal, and as having fixed his abode at Benares. I did not read Mr. Talboys Wheeler's analysis till my own was completed.

the most striking passages, under the last four heads, in a metrical English version.

I. First, then, as to its religious teaching. We may notice that this generally agrees with the later Vedic period, especially that represented by the Purusha-sūkta and some of the Brāhmaṇas.

'Divinely revealed knowledge' in general is called Veda (IV. 125, &c.); sometimes Trayī vidyā (IV. 125); sometimes Brahman (nom. neut. brahma, I. 23, II. 81, VI. 83, in which last passage this title is also applied to the Vedanta or Upanishads); sometimes Śruti (as distinguished from Smriti, II. 10); sometimes Chandānsi (when the metrical Mantras are especially intended, IV. 95-97, III. 188); once Ārsha (neut., XII. 106), and even Vāć, 'word,' described as a Brahman's weapon (XI. 33).

The three Vedas are mentioned by name in I. 23, IV. 123, 124, XI. 264, and their Samhitā in XI. 77, 200, 258, 262. In I. 23 we read that Brahmā milked out the triple Veda (trayam brahma), Rik, Yajus, and Saman from Fire, Air, and the Sun, for the complete performance of sacrifice; and in II. 77 he is said to have milked out the sacred text called Sāvitrī (= Gāyatrī, p. 20) from the three Vedas'. The Brāhmaṇa portion of the Veda does not seem to be directly mentioned, except under the name of Brahma, as distinguished from the Mantra portion, called Chandas (IV. 100). The eternity and infallible authority of the Veda, and the duty and expiatory efficacy of a complete knowledge of all three Vedas (XI. 262) are insisted

1 See note, p. 9. In XI. 265 the three Vedas are said to be included in the triliteral Om. In IV. 125, Om, the Vyahṛitis (viz. Bhūḥ, Bhuvaḥ, Svar), and the Savitrī text are described as extracted from the three Vedas. In III. 185, a Brahman who understands the application of some portion of the Yajur-veda is called Tri-nāćiketa, and one skilled in some part of the Rig-veda a Tri-suparna, though it is clear from Kullūka's remarks that the exact meaning of these words was not known in his time.

on in the strongest language. In illustration, I here give a version of a passage in Book XII. 94, &c. :

The Veda is of patriarchs and men,
And e'en of gods, a very eye eternal,
Giving unerring light; it is beyond
All finite faculties, nor can be proved
By force of human argument-this is
A positive conclusion. Codes of laws
Depending on the memory of men-
Not grounded on the Veda-heresies
And false opinions, all are held to be
Barren and worthless and involved in darkness.
Whatever doctrine rests not on the Veda
Must pass away as recent, false, and fruitless.
The triple world and quadruple distinction

Of classes and of Āśramas 1, with all

That has been, is, and ever will be, all

Are through the Veda settled and established.

By this eternal Veda are sustained

All creatures; hence we hold it as supreme-
Chief instrument of happiness to man.
Command of armies, regal dignity,

Conduct of justice and the world's dominion
He merits who completely knows the Veda.
As with augmented energy the fire
Consumes e'en humid trees, so he who knows
This book divine burns out the taint of sin
Inherent in his soul through former works.
For he who apprehends the Veda's truth,
Whatever be his Order, is prepared

For blending with the great primeval Spirit,
E'en while abiding in this lower world.

The inferior relationship of the Sama-veda to the two others is remarkable. The Rig-veda is said to be most concerned with the gods, the Yajur-veda with the religious rites of men, and the Sama-veda with those of the Pitris

1 That is, the four orders or stages of life (of student, householder, anchorite, and mendicant) into which a Brahman's life is divided.

(IV. 124). Hence the sound of the latter is described as impure (a-sući, see note, p. 9).

In unison with this, an order of precedence is prescribed in III. 145. The preference at a Śrāddha is directed to be given to a priest called Bahv-rića (elsewhere Hotṛi), who has made the Rig-veda his special study; then to one who has studied all the branches (Śākhānta-ga) and especially the Yajur-veda, and who is called Adhvaryu; and lastly to a Sama-veda priest, who is styled Chando-ga (= Udgātṛi).

It is clear that when the Code was compiled the Atharvaveda had not yet been generally accepted as a fourth Veda, though it must have existed, as there is express allusion (XI. 33) to the revelation' made to Atharvan and Angiras. I annex three other remarkable examples of the estimation in which the Veda was held :

A Brahman by retaining the Rig-veda in his memory incurs no guilt, though he should destroy the three worlds (XI. 261).

This Veda is the refuge (sarana) of those who do not understand it (ajñānām) as well as those who do (vijānatām), of those who seek heaven and of those who seek immortality (ānantyam, VI. 84).

When there is (apparent) contradiction of two precepts in the Veda (śruti-dvaidham) both are declared to be law; both have been justly promulgated (samyag-uktau) by ancient sages as valid law. Thus, there is a Vedic precept, (enjoining the sacrifice to be performed) when the sun has risen, and before it has risen, and when neither sun nor stars are visible (samayadhyushite). Wherefore the oblation to fire (yajñaḥ=agnihotra-homaḥ) may be made at all times (II. 14, 15).

The doctrine of the Upanishads is directly mentioned in VI. 29 and alluded to elsewhere, thus:

He should study the Upanishad portion of the Veda (aupanishadiḥ śrutih) for the sake of attaining union with the universal Spirit.

Let the whole Veda be studied (or repeated) by a twice-born man along with the Upanishads. [Vedaḥ kritsno 'dhigantavyaḥ sa-rahasyo dvi janmanā, II. 165; cf. also II. 140, XI. 262.]

He should continually repeat (japet) that part of the Veda (brahma)

1 Described by Kullūka as consisting of charms and incantations.

which is on the subject of sacrifice (adhiyajnam), and that relating to the deities (adhidaivikam), and that relating to soul (ādhyātmikam), and that declared in the Upanishads (Vedāntābhihitam, VI. 83).

The Kalpa Sūtras are probably referred to in II. 140. A knower of Nirukta (see p. 166) is reckoned among the Brahmans who compose a Parishad in XII. 111, but no reference is made to Yāska, nor is it likely that his work then existed (see p. 167).

In I. 11. 50 the name Brahman is applied to the supreme Being (= Brahmā, Kullūka); in XII. 50 the Creator of the universe is called Brahmā (see note 1, p. 12); in XI. 243, XII. 121, Prajapati. In I. 6 the supreme Spirit is termed Svayambhu, 'the Self-existent;' in I. 10, Nārāyaṇa. In XII. 121 the names Vishnu and Hara occur; but generally the gods named belong more to the Vedic than to the Epic and Puranic period. For instance, in Book IX. 303 we have the following list of deities:

Of Indra, Surya, Vayu (or Māruta), Yama, Varuna, Ćandra, Agni, and Prithivi, let the king emulate the power and conduct.

There is no allusion to the Post-vedic Tri-murti or popular worship of Brahmā, Vishnu, and Śiva, nor to the still more recent worship of the Sakti-that is to say, 'the energy' represented by the wives of the deities, especially by Durga, wife of Śiva. Nor, again, is there any recognition of that principle of bhakti or 'faith' in Krishna, as supreme Lord of the universe, which was a subsequent development of Hindu religious thought (p. 137).

The doctrine of transmigration is, however, fully stated, and, as a consequence of this, the hells described in the Code (IV. 88-90, XII. 75, 77), though places of terrible torture, resolve themselves into merely temporary purgatories, while the heavens (IV. 182, 260, VI. 32, II. 244) become only steps on the road to union with Brahma.

The three worlds (trailokya, loka-traya) alluded to in XI. 236, 261, are probably the heavens, atmosphere, and earth,

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